Common use of Excess Finance Charge Collections Clause in Contracts

Excess Finance Charge Collections. On each Distribution Date, (a) for each Group, Servicer shall apply the aggregate amount for all outstanding Series in such Group of the amounts which the related Supplements specify are to be treated as "Excess Finance Charge Collections" for such Distribution Date to each Series in such Group, pro rata, in proportion to the Finance Charge Shortfalls, if any, with respect to each such Series, and (b) Servicer shall withdraw (or shall instruct Trustee to withdraw) from the Collection Account and pay to Transferor an amount equal to the excess, if any, of (x) the aggregate amount for all outstanding Series in a Group of the amounts which the related Supplements specify are to be treated as "Excess Finance Charge Collections" for such Distribution Date over (y) the aggregate amount for all outstanding Series in such Group which the related Supplements specify are "Finance Charge Shortfalls," for such Distribution Date; provided that the sharing of Excess Finance Charge Collections among Series in a Group will continue only until such time, if any, at which Transferor shall deliver to Trustee an Officer's Certificate to the effect that, in the reasonable belief of Transferor, the continued sharing of Excess Finance Charge Collections among Series in any Group would have adverse regulatory implications with respect to Transferor. Following the delivery by Transferor of such an Officer's Certificate to Trustee, there will not be any further sharing of Excess Finance Charge Collections among Series in any Group. [THE REMAINDER OF ARTICLE IV IS RESERVED AND SHALL BE SPECIFIED IN ANY SUPPLEMENT WITH RESPECT TO ANY SERIES.]

Excess Finance Charge Collections. On each Distribution Date, (a) for each Group, Servicer shall apply the aggregate amount for all outstanding Excess Allocation Series in such Group of the amounts which the related Supplements specify are to be treated as "Excess Finance Charge Collections" for such Distribution the related Transfer Date to each Series in such Groupother Excess Allocation Series, pro rata, in proportion to the Finance Charge Shortfalls, if any, with respect to each such Series, and (b) Servicer shall withdraw (or shall instruct Trustee to withdraw) from the Collection Account and pay to Transferor an amount equal to the excess, if any, of (x) the aggregate amount for all outstanding Excess Allocation Series in a Group of the amounts which the related Supplements specify are to be treated as "Excess Finance Charge Collections" for such Distribution Date over (y) the aggregate amount for all outstanding Excess Allocation Series in such Group which the related Supplements specify are "Finance Charge Shortfalls," ", for such Distribution Date; provided that the sharing of Excess Finance Charge Collections among Excess Allocation Series in a Group will continue only until such time, if any, at which as Transferor shall deliver to Trustee an Officer's Certificate to the effect that, in the reasonable belief of Transferor, the continued sharing of Excess Finance Charge Collections among Excess Allocation Series in any Group would have adverse regulatory implications with respect to Transferor. Following the delivery by Transferor of such an Officer's Certificate to Trustee, there will not be any further sharing of Excess Finance Charge Collections among Series in any Group. [THE REMAINDER OF ARTICLE IV IS RESERVED AND SHALL BE SPECIFIED IN ANY SUPPLEMENT WITH RESPECT TO ANY SERIESExcess Allocation Series.]

Excess Finance Charge Collections. On each Distribution Date, (a) for each Group, Group the Servicer shall apply the aggregate amount for all outstanding Series in such Group of the amounts which the related Supplements specify are to be treated as "“Excess Finance Charge Collections" ” for such Distribution Date to each Series in such Group, pro rata, in proportion to the Finance Charge Shortfalls, if any, with respect to each such Series, and (b) the Servicer shall withdraw (or shall instruct the Trustee to withdraw) from the Collection Account and pay to the Holder of the Transferor Certificate an amount equal to the excess, if any, of (x) the aggregate amount for all outstanding Series in a Group of the amounts which the related Supplements specify are to be treated as "“Excess Finance Charge Collections" ” for such Distribution Date over (y) the aggregate amount for all outstanding Series in such Group which the related Supplements specify are "“Finance Charge Shortfalls," ” for such Distribution Date; provided provided, however, that the sharing of Excess Finance Charge Collections among Series in a Group will continue only until such time, if any, at which the Transferor shall deliver to the Trustee an Officer's ’s Certificate to the effect that, in the reasonable belief of the Transferor, the continued sharing of Excess Finance Charge Collections among Series in any Group would have adverse regulatory implications with respect to the Transferor. Following the delivery by the Transferor of such an Officer's ’s Certificate to the Trustee, there will not be any further sharing of Excess Finance Charge Collections among Series in any Group. [THE REMAINDER OF ARTICLE IV IS RESERVED AND SHALL BE SPECIFIED IN ANY SUPPLEMENT WITH RESPECT TO ANY SERIES.]

Excess Finance Charge Collections. On each Distribution Date, (a) Excess Finance Charge Collections from all Excess Allocation Series in Group One will be allocated to cover any Finance Charge Shortfall or finance charge shortfalls for each Groupother Excess Allocation Series in Group One pursuant to Section 8.06 of the Indenture except that, following a Servicer Default and the appointment of a Successor Servicer, Excess Finance Charge Collections remaining after their application to cover Finance Charge Shortfalls and other finance charge shortfalls for Group One, shall apply be paid to the Successor Servicer to pay any unpaid Excess Servicing Fees or other unpaid excess servicing fees for all Excess Allocation Series in Group One prior to any distribution to the holder or holders of the Transferor Interest. If the remaining Excess Finance Charge Collections do not exceed the aggregate amount for all outstanding Series in of such Group of unpaid fees, the amounts which the related Supplements specify are to be treated as "remaining Excess Finance Charge Collections" Collections shall be allocated among the Group One Excess Allocation Series pro rata based on the amount of unpaid excess servicing fees for each such Distribution Date Series. Excess Finance Charge Collections with respect to Group One shall be allocated to Series 2023-1 in accordance with this Section 4.07, without regard to whether the Rating Agency Condition has been met for purposes of the definition of “Portfolio Yield.” On each Transfer Date, Indenture Trustee, at the written direction of the Servicer, shall deposit Excess Finance Charge Collections allocated to Series in such Group, pro rata, in proportion 2023-1 to the Finance Charge Shortfalls, if any, with respect to each such Series, and (b) Servicer shall withdraw (or shall instruct Trustee to withdraw) from the Collection Account and pay to Transferor an amount equal prior to the excess, if any, of (x) the aggregate amount for all outstanding Series in a Group of the amounts which the related Supplements specify are applications to be treated as "Excess Finance Charge Collections" for such Distribution Date over (y) the aggregate amount for all outstanding Series in such Group which the related Supplements specify are "Finance Charge Shortfalls," for such Distribution Date; provided that the sharing of Excess Finance Charge Collections among Series in a Group will continue only until such time, if any, at which Transferor shall deliver made pursuant to Trustee an Officer's Certificate to the effect that, in the reasonable belief of Transferor, the continued sharing of Excess Finance Charge Collections among Series in any Group would have adverse regulatory implications with respect to Transferor. Following the delivery by Transferor of such an Officer's Certificate to Trustee, there will not be any further sharing of Excess Finance Charge Collections among Series in any Group. [THE REMAINDER OF ARTICLE IV IS RESERVED AND SHALL BE SPECIFIED IN ANY SUPPLEMENT WITH RESPECT TO ANY SERIESSection 4.04.]

Excess Finance Charge Collections. On each Distribution Date, (a) for each Group, the Servicer shall apply the aggregate amount for all outstanding Series in such Group of the amounts which the related Supplements specify are to be treated as "allocate Excess Finance Charge Collections" for such Distribution Date Collections with respect to the Series in a Group to each Series in such Group, pro rata, in proportion to the Finance Charge Shortfalls, if any, with respect to each such Series, Series and (b) the Servicer shall withdraw (or shall instruct the Trustee to withdraw) from the Collection Account and pay to Transferor the Holders of the Seller Interest an amount equal to the excessremainder, if any, of (xi) the aggregate amount for all outstanding Series in a Group of the amounts which that the related Supplements specify are to be treated as "Excess Finance Charge CollectionsEXCESS FINANCE CHARGE COLLECTIONS" for such Distribution Date over less (yii) the aggregate amount for all outstanding Series in such Group which that the related Supplements specify are "Finance Charge Shortfalls,FINANCE CHARGE SHORTFALLS" for such Distribution Date; provided provided, however, that the sharing of Excess Finance Charge Collections among Series in a Group will continue only until such time, if any, at which Transferor the Seller shall deliver to the Trustee an Officer's Certificate to the effect that, in the reasonable belief of Transferorthe Seller, the continued sharing of Excess Finance Charge Collections among Series in any Group would have adverse regulatory implications with respect to Transferorthe Seller. Following the delivery by Transferor the Seller of such an Officer's Certificate to the Trustee, there will not be any further sharing of Excess Finance Charge Collections among Series in any Group. [THE REMAINDER OF ARTICLE IV IS RESERVED AND SHALL BE SPECIFIED IN ANY SUPPLEMENT WITH RESPECT TO ANY SERIES.]

Excess Finance Charge Collections. On each Distribution Date, (a) for each Group, the Servicer shall apply the aggregate amount for all outstanding Series in such Group of the amounts which the related Supplements specify are to be treated as "Excess Finance Charge CollectionsEXCESS FINANCE CHARGE COLLECTIONS" for such Distribution Date to each Series in such Group, pro rata, in proportion to the Finance Charge Shortfalls, if any, with respect to each such Series, and (b) the Servicer shall withdraw (or shall instruct the Trustee to withdraw) from the Collection Account and pay to the Transferor an amount equal to the excess, if any, of (x) the aggregate amount for all outstanding Series in a Group of the amounts which the related Supplements specify are to be treated as "Excess Finance Charge CollectionsEXCESS FINANCE CHARGE COLLECTIONS" for such Distribution Date over (y) the aggregate amount for all outstanding Series in such Group which the related Supplements specify are "Finance Charge ShortfallsFINANCE CHARGE SHORTFALLS," for such Distribution Date; provided that the sharing of Excess Finance Charge Collections among Series in a Group will continue only until such time, if any, at which the Transferor shall deliver to the Trustee an Officer's Certificate to the effect that, in the reasonable belief of the Transferor, the continued sharing of Excess Finance Charge Collections among Series in any Group would have adverse regulatory implications with respect to the Transferor. Following the delivery by the Transferor of such an Officer's Certificate to the Trustee, there will not be any further sharing of Excess Finance Charge Collections among Series in any Group. [THE REMAINDER OF ARTICLE IV IS RESERVED AND SHALL BE SPECIFIED IN ANY SUPPLEMENT WITH RESPECT TO ANY SERIES.]

Excess Finance Charge Collections. On each Distribution Date, (a) for each Group, Servicer shall apply the aggregate amount for all outstanding Excess Allocation Series in such Group of the amounts which the related Supplements specify are to be treated as "Excess Finance Charge Collections" for such Distribution the related Transfer Date to each Series in such Groupother Excess Allocation Series, pro rata, in proportion to the Finance Charge Shortfalls, if any, with respect to each such Series, and (b) Servicer shall withdraw (or shall instruct Trustee to withdraw) from the Collection Account and pay to the Holder of the Transferor Certificate an amount equal to the excess, if any, of (x) the aggregate amount for all outstanding Excess Allocation Series in a Group of the amounts which the related Supplements specify are to be treated as "Excess Finance Charge Collections" for such Distribution Date over (y) the aggregate amount for all outstanding Excess Allocation Series in such Group which the related Supplements specify are "Finance Charge Shortfalls," ", for such Distribution Date; provided that the sharing of Excess Finance Charge Collections among Excess Allocation Series in a Group will continue only until such time, if any, at which as Transferor shall deliver to Trustee an Officer's Certificate to the effect that, in the reasonable belief of Transferor, the continued sharing of Excess Finance Charge Collections among Excess Allocation Series in any Group would have adverse regulatory implications with respect to Transferor. Following the delivery by Transferor of such an Officer's Certificate to Trustee, there will not be any further sharing of Excess Finance Charge Collections among Series in any GroupExcess Allocation Series. [THE REMAINDER OF ARTICLE IV IS RESERVED AND SHALL BE SPECIFIED IN ANY SUPPLEMENT WITH RESPECT TO ANY SERIES.]SECTION 4.6